First National Bank v. Garner
Indiana Supreme Court
From LaPorte Circuit Court; James F. Gallaher, Judge. Action by the First National Bank of Fort Wayne • against Oliver P. Garner. From a judgment for the defen'dant, the plaintiff appeals.
1Opinion
*402On Petition fob Rehearing.
Harvey, J.
— Appellee, in support of its petition for a rehearing, respectfully presents that this court, in holding that instructions Nos. 4 and 5, asked by the appellant, should have been given, overrules Boxell v. Bright Nat. Bank (1915), 184 Ind. 631, 635, 112 N. E. 3.
2. Appellee overlooks an essential difference. The action in the Boxell case, having been “commenced before the Negotiable Instruments Act, of 1913 (Acts 1913 p. 120, §9089a Burns 1914), became effective,” that statute did not apply. The rule as it existed prior to that statute was properly stated in…
2Cases cited4 opinions
- Tescher v. MereaIndiana Supreme Court · 1889
- Boxell v. Bright National BankIndiana Supreme Court · 1916
- Mackey v. State ex rel. SmithIndiana Supreme Court · 1918
- First National Bank v. GarnerIndiana Supreme Court · 1918